When Home Is No Longer Safe: Occupation Orders Explained

An Occupation Order is a Family Court order made under Part IV of the Family Law Act 1996 that regulates who can live in, enter, or return to the family home. Where the Court deems it necessary, it can require one person to leave the property, exclude them from a defined area around the home, or allow another person to remain in occupation at the home. Occupation Orders are most commonly associated with cases involving domestic abuse, but they may also be used where there is a dispute about occupation of the family home following relationship breakdown.

Occupation Orders are different to Non-Molestation Orders. A Non-Molestation Order is designed to prevent harassment, intimidation, threats, or abuse, whereas an Occupation Order deals specifically with occupation and use of the home. An individual can seek both an Occupation Order and Non-Molestation Order where they require protection from abusive behaviour as well as exclusive use of the property.